건물명도
1. The defendant shall receive KRW 100,000,000 from the plaintiff, and at the same time, shall be the real estate indicated in the attached Form to the plaintiff.
1. Determination as to the cause of claim
A. On March 16, 2014, the Plaintiff leased real estate indicated in the attached Form (hereinafter “instant apartment”) to the Defendant with a deposit of KRW 100 million, monthly rent of KRW 600,000, and the lease period from April 24, 2014 to April 23, 2016 (hereinafter “instant lease agreement”); the Defendant paid a deposit of KRW 100 million to the Plaintiff, and resided in the present year after being handed over the instant apartment from the Plaintiff, is not a dispute between the parties; and the instant lease agreement is apparent that the contract period of November 15, 2016, which is the date of closing the argument, has expired.
B. Therefore, the Defendant is obliged to deliver the instant apartment to the Plaintiff at the same time with the payment of KRW 100 million from the Plaintiff of the lease deposit.
2. Judgment on the defense
A. The Defendant asserted that the instant lease agreement was implicitly renewed, and thus, the Plaintiff cannot respond to the Plaintiff’s request for extradition. Accordingly, the Plaintiff notified the Defendant that the contract would not be renewed without changing the terms and conditions of the contract on January 27, 2016. Accordingly, the Plaintiff’s assertion that the instant lease was not implicitly renewed.
B. 1) Where a lessor fails to notify the lessee that he/she would not renew the contract without any change in the terms of the contract within six months and one month before the term of the lease expires, the lease shall be deemed to have been renewed under the same conditions as the former one at the time the term of the lease expires (Article 6(1) of the Housing Lease Protection Act); and in the instant case where there is no direct evidence as to the fact that the Plaintiff notified the Defendant that he/she would not renew the contract without any change in the terms of the contract on January 27, 2016 or January 28, 2016, whether the above facts can be recognized from indirect evidence submitted by the Plaintiff is the issue of the instant case. 2)